It is a pleasure to be at this luncheon; to appear before so many lawyers
I know and have worked with. And, it is a pleasure to appear before an
organization in which I was a member and before which I spoke as a defense
lawyer.

As DAG, I usually talk about the work of DOJ but no discussion of the
work of the Department can begin without talking about the terrible events
of September 11 and the effect they had on the Department.

Since September 11, I still hear a number of people say that we are
having trouble getting back to normal; many find it difficult to get in
an acceptable routine.

But I have noticed something remarkably normal in our common reaction
to this great tragedy.

I'm sure you have noticed it too. It is our SPIRIT.

We have all pulled together to support each other; to preserve our
way of life.

Private practitioners - members of this organization - called and/or
e-mailed - volunteering to do whatever they can.

There is a common sense of purpose - that we as a nation will prevail
against terrorism

We have not been hit again; BUT threats still exist; they are real;
terrorists are still plotting and attempting to commit acts of mass
murder against innocent citizens.

Nevertheless, events of 9/11 have had a transforming effect on DOJ.

Personal transforming effect - this is as righteous of a cause or
case as I have ever worked on.

There is a great effort put into strengthening domestic security - the
magnitude and intensity of which I have never seen.

Potential loss of civilian life by mass murder by a foreign enemy on
American soil is unprecedented.

To be sure, DOJ continues to investigate crimes of 9/11 with an eye
towards prosecution in appropriate cases.

But overriding imperative of DOJ is to disrupt and prevent terrorism
/ a little like a cop on the beat / save lives.

Most essential function of any government is to secure the safety
of fellow citizens.

Investigators and prosecutors are used to handling information / evidence
in a certain way.

Attorney General Ashcroft has given strict instructions to investigators
and prosecutors:

Make pertinent information available to appropriate officials-if sharing
information can disrupt or prevent a terrorist attack.

Even if it means compromising potential criminal prosecution.

IN essence, there is a new challenge at DOJ and a new paradigm to
meet the challenge.

OUR RESPONSE

In order to meet the challenge of disrupting and preventing terrorism,
we must rapidly respond to terrorists threats and rapidly share and exchange
information about terroristic activities.

To meet these challenges, the Justice Department has undertaken several
new efforts in our fight against terrorism.

First, we have established special task forces nationwide to initiate
and coordinate swift preemptive actions and responses by federal, state,
and local law enforcement.

The federal government does not have enough eyes, ears and feet available.

Second, we have substantially improved coordination between the FBI,
INS, and our intelligence agencies.

Third, we are ensuring that the names of foreign nationals seeking entry
to the United States are checked against law enforcement and intelligence
databases for potential indications of terrorist associations or activities:

Foreign Terrorist Tracking Task Forces

Biometrics

Student Visas.

Fourth, we are detaining foreign nationals with suspected links to terrorist
organizations.

Fifth, we are conducting voluntary interviews with several thousand
additional foreign nationals to gain information about potential terrorist
operations in the United States.

Sixth, we are intensifying efforts to enforce judicial orders of deportation
against fugitive aliens from certain countries.

Finally, we are reexamining and revising administrative regulations
where appropriate to be more aggressive in investigating the threat of
terrorism.

CONCERNS / BALANCED MEASURES

It is no secret that criminal defense lawyers - including this organization
- have raised some concerns over some of these measures.

As a public official - and as an attorney who, for many years, represented
criminal defendants - I share the concern that the struggle against terrorism
not change the essential character of our nation.

In fact, in the hours after the terrorist attacks of September 11, the
Attorney General challenged all of us in the Justice Department to "think
outside the box" in fighting terrorism, but cautioned us: "Don't think
outside the Constitution."

We take to heart then-Attorney General Robert Jackson's caution that
government lawyers exercise their tremendous power in ways that are "dispassionate,
reasonable and just."

As a long-time career employee of the office reminded me soon after
I began this job, that this is the reason that we are the "Department
of Justice" rather than the "Department of Federal Prosecutors."

That said, we are duty bound to zealously represent the United States
"with earnestness and vigor" and to obtain justice through every constitutional
means at our disposal.

This is the way I represented clients in private practice. And this
is the way I believe I should represent the public interest.

The initiatives I have outlined - to borrow the Supreme Court's phrase
from Berger v. United States - strike "hard" blows against terrorism,
not "foul" ones. They are aggressive - and we must be aggressive in confronting
a threat of this magnitude. yet, these measures are balanced and in all
cases subject to judicial review. They do not change the essential character
of the legal protections available to criminal defendants.

SPECIFIC MEASURES

We can discuss in detail a couple of our measures in this important
fight.

Detention of Aliens -- Let me address in particular, the concerns that
have been expressed regarding the detention of foreign nationals and the
possible monitoring of conversations between terrorist inmates and their
attorneys.

The detention of foreign individuals suspect of terrorist ties is
consistent with applicable law and constitutional precedent. The detainees
are either already wanted for crimes, or in violation of their immigration
status, or have testimony material to the ongoing investigation.

All detainees have the right to be represented by an attorney and
to have their detention reviewed on legal grounds.

POTENTIAL MONITORING OF COMMUNICATIONS BETWEEN INMATES AND ATTORNEYS

Monitoring of communications between inmates and attorneys may occur
only in those few, but critical, situations.

Where the head of a law enforcement or intelligence agency certifies
that reasonable suspicion exists to believe that the inmate may use
those communications to further or facilitate terrorist acts. The Supreme
Court has long held that such communications could not - in any case
- be privileged.1

The monitoring is not surreptitious

it is conducted only after written notice to the inmate and the
attorney.

The team monitoring the conversations is barred from any connection
with the prosecution of that inmate.

Cannot, without court approval, use the information for purposes other
than preventing a terrorist act.

These SAMS only apply to about 20 out of over 150,000 inmates in federal
custody.

ROLE OF CRIMINAL DEFENSE ATTORNEY

Having addressed the government's efforts in the fight against terrorism,
let me now offer some observations about the role of criminal defense
lawyers. As many of you know, you enjoy a special status in the criminal
justice.

I am proud of having been a member of the criminal defense bar -- indeed
a member of this organization.

I have shared the difficulties and frustrations inherent in what you
do.

But I also understand that your good and professional work is indispensable
to our criminal justice system.

IMPORTANT PROJECT - FBI REVIEW -- One of the most important things I
have been asked to do is conduct a review of the FBI. I asked this organization
to give us input into this important effort.

I have observed that oftentimes prosecutors and criminal defense lawyers
experience more civility with each other than lawyers in civil cases.

I think this is because we share a faith in the adversary system to
provide checks and balances and produce a just result.

Within that adversary system, criminal defense lawyers can play an important
role in what our nation faces today.

In zealously representing your client's interests, you understand that
it is often favorable for your client to convey information to the government
at the earnest possible time.

This sense of reality that a true professional criminal defense lawyer
understands is especially important today. We certainly acknowledge these
efforts and welcome them.

Of course, all lawyers are ethically bound to reveal a client's plans
to commit future criminal acts. In terrorist cases, the stakes are high.
All of us do what we can in this struggle. I need to vigorously represent
the public's interest within the bounds of the law. You need to zealously
represent your clients' interest. But I believe that in doing so, you
too can help in this real and important effort to prevent future terrorist
attacks and the mass murder of our fellow citizens. We certainly need
you to think about these things.

I certainly appreciate your commitment to the criminal justice system.
I also look forward to continued dialog with you, my former colleagues,
on terrorism and other issues of mutual interest.

Thank you.

*NOTE: Mr. Thompson frequently speaks from
notes and may depart from the speech as prepared. However, he stands behind
the speech as presented in written format.